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HomeMy WebLinkAboutOrdinance - 2013-O0024 - Zone Case 2785-A - 03/14/2013First Reading February 28, 2013 Item No. 6.5 Second Reading March 14,2013 Item NO. 5.19 ORDINANCE NO. 2013-00024 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK MAKING THE FOLLOWING CHANGES: ZONE CASE NO.2785-A; A ZONING CHANGE FROM A-2 LIMITED TO CHURCH USE TO A-2 ZONING DISTRICT ON 9 ACRES OF UNPLATTED LAND OUT OF BLOCK E, SECTION 10, LUBBOCK, TEXAS; PROVIDING A PENALTY; SUBJECT TO CONDITIONS; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. WHEREAS, the proposed changes in zoning as hereinafter made have been duly presented to the Planning and Zoning Commission for its recommendation which was received by the City Council and, after due consideration, the City Council found that due to changed conditions, it would be expedient and in the interest of the public health, safety and general welfare to make those proposed changes in zoning; and WHEREAS, all conditions precedent required by law for a valid amendment to the Zoning Ordinance and Map have been fully compiled with, including giving notices in compliance with Section 40.01.005 of the Code of Ordinances, City of Lubbock, Texas, and the notices provided by the Texas Local Government Code §211.007 (Vernon, 11990), and notice was duly published in the Lubbock Avalanche-Joumal more than fifteen (15) days prior to the date of the public hearing before the City Council on such proposed amendment, and the public hearing according to said notice, was held in the City Council Chamber of the Municipal Building, Lubbock, Texas, at which time persons appeared in support of the proposal; and after said hearing, it was by the City Council determined that it would be in the public interest, due to changed conditions, that the Zoning Ordinance and the Zoning Map be amended in the manner hereinafter set forth in the body of this Ordinances and this Ordinance having been introduced prior to first reading hereof; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: ZONE CASE NO.2785-A SECTION 1. THAT Ordinance No. 7084 and the Official Zoning Map are amended as follows: A change of zoning under the provisions of Section 40.01.005 of the Code of Ordinances of the City of Lubbock from A-2 limited to church use to A-2 zoning district on 9 acres of unplatted land out of Block E, Section 10, City of Lubbock, Lubbock County, Texas located at 2005 98th Street, subject to conditions and being further described as follows: METES AND BOUNDS DESCRIPTION: Attached as Exhibit "A". SUBJECT TO THE FOLLOWING CONDITIONS: THAT limited to 48' height to allow for roof and architectural designs with no living space above 40 feet, with the ability of staff to be able to make minor adjustments for permit approval. SECTION 2. THAT violation of any provisions of this Ordinance shall be deemed a misdemeanor punishable by a fine not to exceed Two Thousand and No/100 Dollars ($2,000.00) as provided in Section 40.01.006 of the Zoning Ordinance of the City of Lubbock. SECTION 3. THAT should any paragraph, sentence, clause, phrase or word of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall not be affected thereby. SECTION 4. THAT the City Secretary is hereby authorized to cause publication of the descriptive caption of this Ordinance as an alternative method provided by law. AND IT IS SO ORDERED. Passed by the City Council on first reading on February 28, 2013 Passed by the City Council on second reading on March 14, 2013 ATTEST: Rebec a Garza, City Secretar APPR VED AS TO CONTENT: t � � Randy Hen , Director of Planning WIMIST,o Chad Weaver Assistant City Attorney vw/CIIyA WChnd/Zenes2Cr/85-A Fcb.m 9,2013 .41 Zone Case No. 216J-A page - 2 of2 ��i co ro N M o � W ~ r u� ��q��qyy V, in r« '`A'.Ob b a� N IN 00 co AN ,06 �6 I N -uoi ((( N _ S J (V M Q [ N a C! T.Q •,,,p o if 04CL tr + .SE tS r OtL.88'LLL00 to 11 �,. ICJ ` i V «.J / 1 d �`` V- p v a "� 4 t I S£ Styarct• CIS as _,....... o M c v oo ry hIT .td' I ,OZ A�6 c'ta OZ �, co e > { I 'k RZ39 L OL o co F' C r- N ^1 LU © co c I, I ti . _ ► ' - - d no ai v~i c0 i 9 % co \QJ Q V CO uJ I a� 14 rI �SS�' C00 o WE pp 1a018 OL NOIt�3S 3 I"1 N011�3! div, a� fn m a • EXHIBIT A - LEGAL DESC1tIPT10N VOL 61PACE 11 METES AND BOUtIDS DESCRIPTION of a 9.000 acre tract of land located in the Northeast Quarter of Section 10, Block E, Lubbock County, Texas, being further described so follows, DEGINIII110 at a point fo: the Northoaot corner of the Northeast Quarter of Section 10, Block E, Lubbock County, Texas, same being the Horthwust corner of this tract; TIIENCE H. 09.59.15• E-, along tite North line of Section 10, Block E, a distance of 594.00 fact to a point for the Northeast corner of thla tract, Game being the Northwest corner of that tract conveyed to 0orin Dephona Mathowo, of al, under Tract 1 in Volume 3498, Pago 50, Real Property Rocordo of Lubbock County, Texan; THENCE S. 00.06-57• W., along the Wont lino of said Tract 1, at 60.00 fact pass a 1/21 Iran red with cap oat in the South 1Lno of a right-of-way easement for 90th Street, continuing for a total distance of 660.00 loot to a 1/2" Iron rod with cap not for the sorthoaot corner of thin tract; THENCE S. 89.59.15• W-, at 190.00 foot pane the West lino of that tract conveyed to Dorie Dophona Mathowo, of al, under Tract 2 in Volume 3498, Page 50 and the Northoaot corner of that tract convoyed to Dorlo Dophaaa Mathowo, of al, under Tract 2 in Volume 3498, Pago 55, continuing for a total diatanco of 594.00 foot to a 1/2" Iron rod with cap out in the West lino of the Northoaot Quarter of Section 10, Block E, for the Southwoot corner of this tract, Dame being the Northwest corner of acid Tract 2 in Volume 3498, Page 55; TIIE14CZ N. 00.06.57• H., along the West lino of the Northoaot Quarter of Section 10, Block 8, at 600.00 feet pane o 1/2• Iran rod with cap uut in the South line of said right-of-way easamont, continuing for a total distance of 660.00 foot to the Point of Boginning. STATE OF TEXAS COUNTY OF LUBSOCK t 1't ��f CORD 1 Iterrty e.rl,ty they �" : u •.en«oat wasillEO an1h0 t�lSt:G'mlJ"t•rrcnntryatas"drra,daft date a•.^. tUw *t RECO^O:OrntneVc'umanT Pafe f f1LEO 1 � � jt,wos W Luwch Cw A-.yr mws as gUrlwdDEC DEC 31 �1 i� P'r1'S6 si ��s " k 4uufr,� dz%fl, /)�% �ac1a� C� j� J'• OOutm C= a w